Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
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When do the Colorado Rules of Professional Conduct apply to a lawyer's separate business or law-related services?
The Rules apply in full to law-related services unless the services are distinct from the law practice and the lawyer takes reasonable measures to ensure customers understand that no lawyer-client…
After mediating a divorce for unrepresented parties, can the lawyer-mediator draft the settlement agreement and the other documents needed to finish the case?
The lawyer-mediator may help draft the agreement reached in mediation, but may not prepare the ancillary documents needed to complete the divorce for the unrepresented parties, and cannot avoid that…
Can a former member or hearing officer of the parole board later represent an offender before that same board, and do all proceedings involving one offender count as the same 'matter' under Rules 1.11 and 1.12?
The opinion concludes that any proceeding involving the same offender is the same 'matter,' so a former Board member or hearing officer who personally and substantially participated in prior…
Can a lawyer take a court appointment for an incapacitated person when the lawyer's firm also represents the care facility where that person lives?
Yes for Court Evaluator or Guardian roles, because those do not create a lawyer-client relationship with the alleged incapacitated person, so Rule 1.7(a) is not implicated. Serving as counsel for…
Can in-house counsel be interviewed by an agency investigating the company, and can the lawyer still act as advocate if it becomes a hearing?
In-house counsel may submit to an agency interview about the company's alleged wrongdoing where the facts disclosed are not confidential information. But if the investigation becomes a proceeding…
Can a New York lawyer advance an indigent client's taxi and transportation costs to medical appointments in a no-fault injury case?
A lawyer may advance transportation costs only if they qualify as an expense of litigation. Travel to an insurer-required IME clearly qualifies; travel to other doctors qualifies only when necessary…
Can a New York lawyer accept part of a real estate broker's commission as a referral fee instead of charging the client for legal work on the deal?
No. A lawyer may not accept a share of the broker's commission as a referral fee in lieu of charging the client a legal fee, even with the client's informed consent, because the lawyer's financial…
Can a Wisconsin lawyer store and transmit client information using cloud computing services?
Yes. The opinion concludes that a lawyer may use cloud computing as long as the lawyer makes reasonable efforts, commensurate with the risks, to protect the confidentiality of client information and…
Can a lawyer have a process server contact a represented opposing party directly to arrange personal service of legal papers?
Yes, within limits. The committee said the 'authorized by law' exception to RPC 4.2 permits a lawyer or process server to contact a represented opposing party as needed for court-required personal…
Can a Washington lawyer advise clients on state marijuana laws, help run a marijuana business, or use marijuana themselves when marijuana is still illegal under federal law?
Yes, qualified. Relying on Washington Comment [18] to RPC 1.2, the committee concluded a lawyer may advise and assist clients on I-502 and the Cannabis Patient Protection Act, run or invest in a…
May a judge pledge money to a legal services fundraiser that may use her name to encourage donations?
The Committee allowed the judge to make a charitable pledge but prohibited use of her identity and judicial position to encourage others to give to the campaign.
Must a Maryland family magistrate step aside from a matter in which the magistrate previously assisted a litigant at a legal clinic?
The Committee required recusal unless all parties and their lawyers waive disqualification after on-record disclosure. For an emergency matter, the magistrate may act but must disclose the possible…
What may a California lawyer say (and not say) to opposing counsel or a settlement officer during settlement negotiations?
Per California Formal Opinion 2015-194, false statements of material fact and implicit misrepresentations during settlement negotiations are prohibited, but statements about a party's negotiating…
When a California lawyer must withdraw because the client is pursuing the case for improper purposes, what may the lawyer tell the court about the reason, and what must the lawyer do if ordered to disclose confidential client communications in camera?
Per California Formal Opinion 2015-192, the lawyer may disclose only as much as is reasonably necessary to demonstrate the need to withdraw; ordinarily 'ethical considerations require withdrawal' or…
Can a plaintiff's lawyer personally agree to indemnify the defendant for the client's failure to repay Medicare or fund a Medicare set-aside as a settlement condition?
No. The opinion concludes a lawyer may not join the client in indemnifying the opposing party for the client's failure to reimburse a third-party payer like Medicare or to fund a set-aside; doing so…
May a firm give a departing lawyer a shared closed file at the request of only one jointly represented client?
The opinion permits the firm to send a copy to the departing lawyer at that client’s direction while retaining the original shared file under Rule 4-1.22. If the clients dispute the file, the firm…
May a lawyer appointed to federal office list former client names and fee amounts on a public financial disclosure form?
The opinion treats the names and fee threshold as confidential representation information. Disclosure requires informed consent or an applicable other-law or court-order exception, whose legal…
May a lawyer represent a father against a mother in custody matters after jointly representing both parents in estate and financial work?
If a custody matter is the same as or substantially related to the prior joint work, the opinion requires the mother’s informed consent confirmed in writing. It cannot determine substantial…
May a lawyer request public records from a represented state agency that is adverse to the lawyer’s client?
The opinion says Rule 4-4.2 governs a request directed to agency employees who work with counsel, bind the agency, or whose conduct is imputed to it. Contact without opposing counsel’s consent may…
May a lawyer advocate at trial when another lawyer in the firm who formerly represented the client may be a necessary witness?
On the facts presented, the opinion finds the advocating lawyer unlikely to be a necessary witness and therefore not barred by Rule 4-3.7. It reserves any decision if that lawyer is called to…
May a Missouri lawyer pay an agreed fee share after the other lawyer is disbarred before settlement?
Yes, if the share pays for work the other lawyer performed while licensed to practice in Missouri. The opinion permits payment after disbarment despite citing the fee-division and…
May a lawyer receive a percentage referral fee from a law-related services company for sending clients to it?
The opinion treats the proposed fee as a personal-interest conflict and a business transaction with the client. A referral during representation requires satisfaction of Rule 4-1.7(b), full…
May an Arkansas judicial candidate’s campaign committee accept contributions from a political party or its PAC?
Yes. The Committee said a judicial candidate’s committee may accept those contributions, subject to state law; it did not treat the contribution as a prohibited endorsement.
May a lawyer sign a benefit plan subrogation agreement that restricts disbursement of the client’s recovery?
The opinion requires the client’s informed consent before signing because the agreement bars any disbursement until the plan’s claims are satisfied. If the client later disputes the plan’s claim,…
May a lawyer repeat former-client information as an expert witness because similar testimony is already public?
No public-record exception is identified. The opinion says former-client representation information stays confidential even when public and may be disclosed only under a valid Rule 4-1.6 exception,…
May a workers’ compensation lawyer plead the maximum weekly wage before learning the claimant’s actual wage?
The opinion does not give a categorical yes or no. It requires a nonfrivolous basis in fact and law for the claim form and compliance with the rule against knowingly false tribunal statements,…
Can an Alabama lawyer charge a separate contingency fee for negotiating reductions of medical or subrogation liens on top of a gross-recovery contingency fee?
No, absent extraordinary circumstances. Charging a second contingency fee for lien-reduction work that is incident to a personal injury settlement is a clearly excessive fee, sometimes called…
Can a law firm put a link to another business on its website?
Yes. The rules do not bar website links, but the lawyer must not link to a site with false or misleading information about the lawyer or the lawyer's services, and a reciprocal-referral arrangement…
May a Nebraska guardian ad litem contract with a county for flat-fee payment when the county attorney negotiates the contract and appears in the juvenile cases?
Yes, unless the financial arrangement creates a significant risk of materially limiting the representation. Any resulting conflict is nonconsentable, and billing detail must not disclose information…
Can a lawyer pay a referral fee or share fees with a nonprofit that referred a client?
Only court-awarded fees. A lawyer may share any portion of court-awarded fees with a nonprofit that referred the matter under Rule 5.4(a)(4), but may not share other fees or pay a referral fee…
May a Nebraska deputy county attorney become public defender in the same county and later defend people the lawyer previously prosecuted?
Yes, but the lawyer is disqualified from matters personally and substantially handled as prosecutor unless written consent is obtained. Other office lawyers are not automatically disqualified if…
May a lawyer list a professional certification, like the CIPP/US privacy designation, after their name in an email signature block?
Yes. A truthful, objectively verifiable certification from a recognized organization, available to lawyers and non-lawyers alike, may be listed because it is informational and not misleading, and…
May counsel for a Vermont nonprofit follow a properly elected board's majority vote when minority members oppose it?
The opinion permits counsel to follow the majority decision of a properly elected nonprofit board, assuming a quorum and no governing rule requiring a greater vote. It did not decide whether this…
What should a lawyer do with original client wills left behind when a trusts-and-estates partner leaves the firm?
The remaining lawyers must safeguard the original wills as client property, and if after a diligent search they cannot locate the testators, they should file the wills with the Illinois Secretary of…
If a lawyer practices under a temporary North Dakota license through a required supervising associate, can the lawyer take a case the associate must decline for a conflict of interest?
No, absent informed consent. The committee concluded that because a temporarily licensed lawyer must associate with a designated North Dakota attorney who actively participates and shares actual…
May a Nebraska county attorney or another lawyer in the county attorney's private firm serve as guardian ad litem in a juvenile case in another county?
No. Because the county attorney represents Nebraska and the state is a party to juvenile cases statewide, the conflict applies in every county and is imputed to the private firm. Private civil…
Can a law firm hand out boxes of donuts, branded koozies, and discount coupons to the banks and real estate agents that refer it clients?
Yes. Giving gifts and marketing materials to referral sources is permitted as long as the gifts are delivered regardless of whether or how many clients the source referred, so there is no quid pro…
May an Arizona lawyer discard duplicate client-file materials and charge for a second copy of documents already given to the client?
The opinion permits ordinary-course purging of duplicate, incidental, or normally unretained materials unless the lawyer has reason to believe the client's interests require preservation. It also…
May a Vermont buyer's lawyer prepare seller-side closing documents when the seller has no lawyer?
The opinion permits buyer's counsel to do the additional work for the buyer if the seller is told in writing that the lawyer represents only the buyer, the parties' interests are adverse, and the…
What does a lawyer do with leftover unidentified or unclaimed client funds in a trust account, and can the firm recover its own bank-fee deposit?
A firm may take back its own deposit once it is no longer needed for bank charges. Unidentified funds go to the Lawyers Trust Fund after one year; unclaimed funds with a known owner escheat to the…
Does a Nebraska lawyer's move to the opposing firm disqualify the lawyer or new firm when the lawyer had no involvement or confidential information in the case?
No. Without actual knowledge of protected information material to the matter, neither the moving lawyer nor the new firm is disqualified, but the lawyer or firm resisting disqualification bears the…
If a spouse and his father paid the legal fees for a client's earlier case, can the lawyer later represent that client in a divorce against the spouse?
Yes. Paying another person's legal fees does not, by itself, make the payer a client or prospective client, so a later representation adverse to the payer is not a conflict as long as the prior…
May Arizona defense counsel advise a plea waiver of ineffective-assistance claims, and may a prosecutor demand such a waiver?
The opinion says defense counsel may not advise a defendant to waive claims against that counsel because the conflict is not waivable; prosecutors may not insist on blanket ineffective-assistance…
May a Vermont lawyer disclose written disability evidence in an SSDI claim despite work-product protection in a concurrent civil case?
The opinion says a lawyer who produces written evidence required by the SSDI disclosure rule after consulting the client does not violate Vermont Rule 1.6(c), even if the material might be protected…
Can an out-of-state in-house patent lawyer practice before the USPTO from an Illinois office without an Illinois license?
Yes. Under Rule 5.5(d)(2)'s federal-practice exception, a USPTO-registered patent lawyer admitted in another state may do USPTO work from an Illinois office without a Rule 716 limited license, but…
Can a Colorado lawyer view someone's social media or send a friend request to investigate an opposing party, witness, juror, or judge?
The opinion concludes a lawyer may always view the public portion of anyone's social media. To see restricted (friends-only) content, the lawyer may request access from an unrepresented party or…
May a judge be listed as a reference on another person’s application for a judicial vacancy?
West Virginia JIC Opinion 2014-23 permits the judge’s name as a reference because the application listing is not a public endorsement of a candidate.
Must a judge continue disclosing a brief prior attorney representation after two years of consistent disclosure?
West Virginia JIC Opinion 2014-22 ends the disclosure duty on the stated facts after more than two years, so long as no factual basis requiring disclosure remains.
May a mental hygiene commissioner’s law firm colleague appear before other commissioners in guardianship cases?
West Virginia JIC Opinion 2014-21 permits it only if the requester’s appointment is limited to involuntary hospitalization, the requester has not fact-found in guardianship matters, and the…
Can one law firm be designated 'of counsel' to another law firm in Ohio?
The opinion concluded that a law firm (not just an individual lawyer) may enter an 'of counsel' relationship with another law firm, provided both firms comply with the Rules of Professional Conduct.…
May a magistrate judge hear probation cases when the judge's spouse works for and shares revenues with the court's compliance officer?
The committee found a structural conflict disqualifying the judge from all cases involving compliance officers while the spouse participated or shared the contract's revenues. It permitted remittal…
Which state's ethics rules govern a New York lawyer practicing from a DC office under supervision while a DC bar application is pending, and what governs the firm's website and letterhead?
A New York lawyer practicing in DC under the DC court rule while a DC admission application is pending is 'licensed to practice' in DC for choice-of-law purposes. Whether New York or DC rules apply…
Can a New York lawyer who practices principally abroad join a foreign firm with non-lawyer owners, like a UK Alternative Business Structure, without violating New York's rules?
Yes, subject to conditions. A New York lawyer based abroad may do work that does not require local licensing and may practice in a foreign entity with non-lawyer owners or supervisors, provided the…
Can a lawyer publicly defend a judge against unfair media criticism if the lawyer has a case pending before that judge?
A lawyer ordinarily may respond to unjust media criticism of a judge. But a lawyer with a case pending before the judge may not publicly support the judge if doing so is likely to require the…
Can a New York lawyer run a blog with an opt-in box offering a free report in exchange for contact information used to market the lawyer's services later?
Yes. A lawyer may operate a blog with an opt-in box offering a free report for a reader's contact information, and the blog itself is not a solicitation. Later emails using that contact information…
Can a New York lawyer with a primarily New York practice join a DC firm that has a nonlawyer partner, or practice in a New York subsidiary of that firm?
No. A New York lawyer who principally practices in New York may not join a DC firm with a nonlawyer partner, and may not practice in a wholly owned New York subsidiary of that firm, because the…
Can government lawyers submit a position paper instead of appearing in person at routine immigration status hearings where nothing substantive will be addressed?
Yes, if both the court and the client consent. Government lawyers may submit a position paper in lieu of attending immigration status hearings at which no substantive or procedural issues will be…
Are the separately incorporated local offices of a national legal services project one law firm for conflict and confidentiality purposes?
Yes, on these facts. A national legal services project whose local sections share a single case management system giving every attorney access to all clients' information, and whose regional…
If a lawyer learns a bankruptcy client hid assets or lied to the court, when do the candor duties override confidentiality?
It turns on whether the proceeding has concluded. The opinion concluded that once a matter is complete the lawyer has no duty to disclose a past misrepresentation, but while a proceeding is ongoing…
Can a criminal defense lawyer agree to a plea deal that waives the defendant's ineffective-assistance-of-counsel claims, and can a prosecutor require that waiver?
No. The opinion concludes it is improper for a defense lawyer to participate in a plea agreement waiving the defendant's past or future ineffective-assistance claims, because it creates a…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.